MWK v JKK [2020] KEHC 3552 (KLR)
- Court
- High Court of Kenya
- Case number
- 3552
- Citation
- [2020] KEHC 3552 (KLR)
- Decided
- 7 August 2020
The court declines to entertain the originating summons and directs that the same be transferred to the CM’s Court at Thika and consolidated with the divorce cause.
Facts
The Applicant filed an application seeking a declaration that certain assets are matrimonial properties and an order to register them in the joint names of the Applicant and the Respondent. The Respondent filed a preliminary objection, arguing the application is premature as the divorce cause is yet to be determined.
Issues
- Whether the application for a declaration of matrimonial property is premature due to the pending divorce cause.
- Whether the Respondent's assertion of non-marriage between the parties is a condition precedent to the making of a declaration of matrimonial property.
Reasoning
The court finds the application premature due to the pending divorce cause and the Respondent's assertion of non-marriage. The court also notes that proof of subsistence of a marriage during the acquisition of disputed property is a condition precedent to the making of a declaration of matrimonial property.
Outcome
The preliminary objection is upheld, and the originating summons is transferred to the CM’s Court at Thika.
Orders
- The originating summons is transferred to the CM’s Court at Thika and consolidated with the divorce cause pending there.
Authorities cited
Legislation (2)
- Matrimonial Property Act
- Married Women Property Act
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